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Prosecutorial Storytelling Through Intrinsic Evidence
Get PDFCrimes make for compelling stories. So juries make for an eager audience. Jurors want to—indeed, expect to—learn what the defendant did, how they did it, and why they deserve punishment. Capable prosecutors know how to deliver. Trial narratives empower jurors to link discrete pieces of evidence and infer facts from circumstantial proof. Only then can they render a verdict consistent with their sense of justice. Federal courts thus afford wide leeway for prosecutors to present their case as they please, with the evidence at their disposal. The Federal Rules of Evidence delineates the scope of that discretion. Under Rule 404(b), prosecutors may not introduce proof of the defendant’s “other crimes” solely to prove that old habits are hard to break. But courts have struggled to distinguish between “other crimes” and crimes that are part and parcel of the charged offense. Most circuits draw the line by relying on the “inextricably inter-twined” doctrine: Rule 404(b) does not cover evidence of uncharged misconduct “inextricably intertwined” with—or “completes the story” of—the charged offense. This Article argues that this judicially invented doctrine manifestly conflicts with Rule 404(b)’s text, structure, and history. It invites jurors to rely on seductive but unfair assumptions about the defendant’s personal character when deciding the paramount question of guilt or innocence
At the intersection of religion, spirituality, and clinical psychology: A conversation with two Jewish psychologists
Get PDFThis article presents a dialogue between two Jewish psychologists who share their respective personal and professional journeys on how spirituality and religious affiliation impacts their work as clinicians. They address the following questions: How would you identify your cultural background with respect to your religious or spiritual history and identity? How do you manage the competing demands of respecting both individual cultural identity and group cultural identity? How did your early experiences with Judaism influence your professional practice? What were your earliest academic influences on the question of spirituality in psychology? How have religion and spirituality manifested in your clinical practice? What are some of the specific challenges you have encountered along the way? It is the authors’ hope that their responses to these questions will provide insights to all clinicians, regardless of one’s religious or spiritual identity
Examining the experiences of DEI practitioners: a look at the racial disparity in policing of black people and the subsequent need for adaptive leadership
Get PDFFor centuries, Black people in the U.S. have had to navigate structural and institutional racism. This is especially true for the system of policing, which evolved from pre-emancipation slave patrols. Though law enforcement agencies have made strides in the past 160 years, Black people continue to be targeted and killed by police at a disproportionate rate. Evidence shows that DEI training initiatives within policing often fail to reduce this racial disparity that exists in policing. Yet, improved training outcomes surrounding racial relations continues to be a priority. The purpose of this qualitative, phenomenological study was to examine the experiences of U.S.-based DEI practitioners and consultants that have designed and facilitated DEI training programs for law enforcement. The adaptive leadership model (Heifetz, 1994) is an influential component of this study. This served as the theoretical framework to understand how adaptive leadership influences the work of DEI consultants and practitioners and whether it is an appropriate model for how to support efforts to dismantle institutional racism in policing.
The phenomenological analysis revealed nine themes: (a) Lived experiences with marginalization; (b) Law enforcement background; (c) Increase opportunities for leadership development; (d) Navigating unforeseen challenges; (e) Changes in practice; (f) Listen to Black community members; (g) Expand DEI training in academies; (h) Increase financial support for DEI; and (i) Participant feedback. The study’s findings led to the following conclusions: (a) adaptive leadership is a valuable framework for DEI practitioners to utilize when facing difficult challenges in their efforts to help dismantle institutional racism in policing and (b) establishing an internal DEI department allows for more dedicated efforts toward eliminating the racial disparity in policing of Black people. Findings and takeaways from the interviews were incorporated to offer recommendations for further study
